Seneviratne v. Fernando and Others – sllr 2001 volume 3 page 072

In SENEVIRATNE v. FERNANDO AND OTHERS, the court addressed whether an added party under Section 18(2) of the Civil Procedure Code can subsequently be designated or act as a substituted plaintiff and file a plaint, and the appropriateness of amending a plaint when a party has been added rather than substituted. The Plaintiff originally sought a declaration of title and ejectment, then transferred the property to her son and applied to add him as a party. The District Court permitted the addition but denied the son’s request to amend the plaint as a substituted plaintiff. On appeal, it was held that an added party remains so and does not acquire the status of a substituted plaintiff under the Code. The action commenced on the original plaint cannot be continued on a separate plaint filed by